Protecting Reputation and Privacy in the Digital Age
Our firm recently secured a significant victory for our client before the Dubai Court of Appeal, which increased the compensation awarded in a social media defamation case to AED 250,000, plus 5% interest, more than doubling the amount originally granted by the Court of First Instance.
BACKGROUND
Our client, a real estate investor based in the UAE, was the target of a deliberate online defamation campaign. The opposing party, a former employee, unlawfully published his personal photograph on Instagram alongside his name, address, and contact details, accompanied by a defamatory caption falsely accusing him of financial fraud and urging members of the public to confront him.
The post caused serious damage to his professional reputation and resulted in the direct loss of client transactions.
The matter first proceeded as a criminal case, in which the opposing party was convicted of misusing information technology networks to violate our client’s privacy and publicly insult him. That conviction was upheld on appeal and became final.
CIVIL PROCEEDINGS AND APPEAL
Our firm subsequently filed a civil claim seeking compensation for both material and moral damages. While the Court of First Instance awarded AED 100,000, we advised our client that the award did not adequately reflect the extent of the harm suffered and therefore filed an appeal on his behalf.
Before the Court of Appeal, we presented concrete evidence of lost business, including client communications confirming withdrawals from real estate transactions directly attributable to the defamatory posts. The Court accepted our submissions, applying Article 293(1) of the UAE Civil Transactions Law, and increased the total award to AED 250,000.
The opposing party’s cross-appeal seeking full dismissal of the claim was rejected. An enforcement order was subsequently issued, rendering the judgment immediately enforceable.
KEY TAKEAWAYS
- A criminal conviction for online defamation is powerful supporting evidence in a civil damages claim.
- UAE law compensates both material loss and moral harm, including damage to professional reputation.
- Specific, well-documented evidence of business loss materially strengthens a damages claim on appeal.
- An inadequate Court of First Instance award is not necessarily the end of the matter; a well-founded appeal can significantly improve the outcome.
The matter was led by Reda Hegazy, Partner and Head of the Litigation Practice Group, alongside Mohamed Elimam, Associate, and Ahmed Adel, Legal Researcher, all of whom specialise in litigation and execution matters before the UAE courts.